행정질서벌에 대한 再考

• 영문명: Reconsideration of the Administrative Order Punishment
• 발행기관: 원광대학교 법학연구소
• 저자명: 박정일(Bak, Jeong-Il)
• 간행물 정보: 『원광법학』제25권 제4호, 229~248쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

In this paper, I'll discuss about the relation between Administrative Penalty and Administrative Order Punishment under the premise that a new consideration about Administrative Order Punishment, which is one of the accepted sanctions as means of achievement of Administrative Effectiveness, is needed. Administrative Order Punishment has been increased because of the side effects like mass-producing more ex-convicts that had been produced by levying Administrative Penalty on the trivial Administrative Law violators. A large amount of fine for default that is prescribed as Administrative Order Punishment in the particular laws has a character as a penalty. Regulatory Offense Law is produced to consolidate the execution process that had been spread in particular laws. As I consider the necessary subjective conditions and the statute of limitations, which are demanded when Administrative Order Punishment is levied by Regulatory Offense Law, I think Administrative Order punishment must not be levied on a trivial administrative law violator as before and must not be considered as an easier sanction than Administrative Penalty.

목차

Ⅰ. 들어가며

Ⅱ. 행정벌

Ⅲ. 행정형벌과의 관계 재정립

Ⅳ. 맺으며

참고문헌

Abstract

키워드

행정형벌 행정질서벌 이중위험금지의 원칙 과태료 행정벌 Administrative Penalty Administrative order punishment Principle of the prohibition against double jeopardy A fine for default The administrative punishment